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Practical aspects of property and mortgage law (Title Guarantee (Full…
Practical aspects of property and mortgage law
Registered Land
Land Registry
Registers
The property register
Land
Title number
Property plan inc easements
The proprietorship register
Name/address estate owners
Nature/ class of title
Date of registration
Property restrictions
The charges register
Mortgage rights
Non-owning spouse interest
Negative easements/restrictive covenants
Title classes
Absolute
Clear title
Good leasehold
7+ years on lease
Possessory
Unable to prove title
Squatters rights
Unregistered land
12 years occupation
Possessory title granted
Further 12 years absolute title
Registered land
10 years occupation
Absolute title if no objection
Qualified title
Defect in the title
Unregistered Land
Registration
Compulsory
2mths from transfer
fail to reg reverts back to owner
Land: Rights and Obligations
'Running with the land'
Easements
Rights of way
Gain access
Right of light
Easement of necessity
Encirclement
Grant access as a necessity
Covenants
Positive
A condition an owner MUST do
Maintain boundaries
Do not 'run with the land'
Restrictive
A condition an owner MUST NOT do
Prohibiting development
Parking caravans
Enclose a garden
Run with the land
Removing
A beneficiary and landowner agreement
Beneficiary untraceable
Land tribunal
Indemnity insurance
Chancel repair liability
Responsibility to pay for church repairs
Post 13/10/13 Property transfer
Reg. Property
Liability on charges reg.
Unreg. property
Reg. a ' caution against first registration'
Pre 13/10/13 Property transfer
PPC can reg. liability
Title Guarantee
Full guarantee
Free from restrictions/limitations
Limited guarantee
Not created any charges since owned
No guarantee
Matrimonial Interests
Family Law Act 1996
Non-owning spouse
Registering interest in property
Lender: consent to mortgage form